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Adevărul în dreptul penal
The truth in Criminal Law

Author(s): Vlad Crăciun
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: truth, criminal law protection, lie, criminal procedure, freedom of mind, concept of crime.

Summary/Abstract: There is no doubt we appreciate the truth. It is one of the greatest values that guide us, a value that deserves protection. As we know, the most proper mean to protect our social values is the criminal law. Thus rises the question we intent to answer: Can we consider the truth an object to criminal law protection in some circumstances? In doing so, the lie would become a crime. It is undeniable that we should cherish the truth and build our society around it, but we cannot deny the importance of the lie. Finding the truth has been the most consuming task of the criminal procedure, but punishing the lie often means punishing the man for hiding his thoughts. Our society claims we have the right to freedom of the mind, and therefore it must be protected. But first, we have to be able to protect that freedom ourselves. By making the truth a supreme goal, by tearing it out of people, it becomes foul. Is such a truth better then the lie? To understand more of the truth and its depths in the criminal law, we must take a look over the concept of crime and the purpose of it. Then, we shall try to understand how well we know the truth, this value we struggle so hard to protect. Finally, we will try to find the connection between the truth, the lie, and the criminal law. Is it hasty to claim that criminal law must not only protect the truth, but also the lie?

  • Issue Year: X/2014
  • Issue No: 02
  • Page Range: 20-28
  • Page Count: 9
  • Language: Romanian